THE Court of Appeal today ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act is unconstitutional in requiring an accused to file his or her defence before trial.

The unanimous decision declaring Section 62 null and void was made by a three-member panel led by Justice Umi Kalthum Abdul Majid in Penang Chief Minister Lim Guan Eng’s corruption case this afternoon.

Section 62 requires the person accused to file his or her defence, setting out the nature of the defence and copies of documents that will be offered as evidence, before the trial even begins.

Lim, who is facing trial for buying his bungalow home at a discount, was told to file his statement of defence before his trial began, leading him to file for a judicial review.

The decision by the Court of Appeal today means the order directing Lim to file his defence before trial has been set aside, his lawyer Gobind Singh Deo said in a short post on Facebook.

Lim was charged last year over the rezoning of two plots of agricultural land in Balik Pulau to residential use, which was said to benefit the plots’ owner Magnificent Emblem, a company linked to his former landlady Phang Li Koon.

He faces a second charge over his purchase of the bungalow on Jalan Pinhorn for RM2.8 million, which was allegedly below the market price of RM4.27mil on July 28, last year from Phang.

The businesswoman is also facing charges over the bungalow sale. – August 7, 2017.